According to AFP report dated September 7th local time, Germany will seek to have Nicaragua’s lawsuit dismissed at the International Court of Justice in The Hague. Nicaragua accused Germany of 'assisting in genocide' for supporting Israel. The International Court of Justice will hold a four-day hearing in The Hague, and German lawyers will present their arguments in court.
This case dates back to 2024, after Israel launched its offensive against Gaza. Nicaragua had urged the judges of the International Court of Justice to take urgent measures to compel Germany to stop all aid to Israel, especially military equipment. In April of that year, the court rejected Nicaragua’s request, stating that “given the current situation,” there was insufficient evidence to justify issuing an emergency order.
Although the emergency application was rejected, the case itself was not terminated, and the litigation process continued. This hearing was aimed at debating Germany's “preliminary objection”: Germany argued that the International Court had no jurisdiction over this case, and that some of Nicaragua's claims were inadmissible.
In the early hearings of 2024, Nicaragua Ambassador Carlos José Agüero Gómez accused Germany of “seemingly being unable to distinguish between self-defense and genocide”. He also said that it was “sad” for Germany to provide humanitarian aid to Gaza while simultaneously supplying weapons to Israel. The German representative responded by stating that Nicaragua’s accusations were “severely biased” and firmly denied any violation of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide.”
The German side will elaborate on its legal position in its statement. According to information released by the International Court, Germany has submitted written documents to challenge the court's jurisdiction and the admissibility of the case. The specific arguments have not been made public, but Germany has previously emphasized that its arms exports to Israel are subject to "strict scrutiny that far exceeds what is required by international law."
Due to historical reasons, Germany regards Israel's security as a core issue in its foreign policy. In the 2024 court debate, German representatives clearly stated that this stance stems from Germany's deep reflection on the history of the Nazi Holocaust.
According to the International Court of Justice’s schedule, after Germany made its statement on Monday, Nicaragua will have the opportunity to respond. Both parties will also have second rounds of statements on Wednesday and Thursday. The court usually renders preliminary rulings months after the hearings have concluded.
If the International Court supports Germany’s preliminary objection, the case may be dismissed entirely or in part; if the objection is not valid, then the case moves to the substantive stage of trial, where the judge will carefully consider whether Germany has committed the substantive charge of ‘assisting in genocide’.
This hearing takes place amid the ongoing conflict in Gaza. Israel insists that its military actions were defensive counterattacks against the armed attack by Hamas on October 7, 2023. Meanwhile, international concern over the humanitarian crisis in Gaza is growing. The final judgment of the International Court of Justice could have a significant impact on the legal boundaries surrounding such aid and military sales.
